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TAX MAN COMETH for Seller's... but NOT if I Can Help It!

By
Industry Observer

Another POSTIVE reason why home sellers can benifit from Home Staging is because the fees for a staging services can be considered an advertising fee (See IRS Publication 523) and influence a seller's capitol gain or loss on a property that has been sold.

What is IRS Publication 523 and what does it say? IRS Publication 523 explains all tax rules that apply when a home seller sells their main home, including advertising expenses and how they influence the seller's capital gain or loss on the property.  It does not cover the sale of a rental property, second home or vacation home.

What does IRS Publication 523 consider seller's main home? The term "main home" usually refers to the home the seller lives in most of the time.  A main home can be a house, houseboat, mobile home, cooperative apartment, or condominium.

How is capital gain or loss figured on the sale of a seller's main home? In order for a home seller to calculate the capital gain or loss realized on the sale of their main home, they must know the selling price, the amount realized and the adjusted basis. 

What is the selling price? The selling price is the total amount a seller receives for the sale of their home, including money, all notes, mortgages, or other debts assumed by the buyer as part of the sale and the fair market value of any other property or services they receive.

What is the amount realized? The amount realized is the selling price minus selling expenses.  Selling expenses include commissions, advertising fees*, legal fees and loan charges paid by the seller.

*Staging a home for re-sale can be considered an Advertising fee.  There are no time limits on the Advertising Fees related to the sale for the IRS.  However, it is important to note that if a property does not sell and is taken off the market, expenses for that transaction are NOT deductible in the future.

What is the adjusted basis? During the duration of ownership of a main home, increases or decreases (adjustments) may have been made to the basis (base cost, either bought or built, of home).  This adjusted basis must be determined before capital gain or loss can be figured on the sale of the home.  There are many rules when computing the adjusted basis.  Consult a Tax Adviser to accurately determine the adjusted basis. 

To quickly estimate capital gain or loss, apply the following formulas:

  • First Calculate: AMOUNT REALIZED = Selling Price - Selling Expenses
  • Next Calculate: CAPITOL GAIN/LOSS = Amount Realized - Adjusted Basis

IMPORTANT: EVERY HOME SALES TRANSACTION IS DIFFERENT. TO KNOW HOW THIS TAX RULE EFFECTS A PARTICULAR HOME SALE IN YOUR STATE, PLEASE CHECK WITH A TAX ADVISER OR TAX CONSULTANT REGARDING IRS PUBLICATION 523 AND HOW IT MAY AFFECT YOUR SELLER'S INDIVIDUAL TAX SITUATION.  More information on IRS Publication 523 can be found on line at: http://www.irs.gov/publications/p523/index.html  

Patricia Aulson
BERKSHIRE HATHAWAY HOME SERVICES Verani Realty NH Real Estate - Exeter, NH
Realtor - Portsmouth NH Homes-Hampton NH Homes

As always I love to read you posts Craig....they are informative for sure.  Thank you again for your time writing this.

 

Patricia Aulson/Seacoast/NH & ME

Mar 30, 2007 05:42 AM
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Coldwell Banker Realty
Craig - You had me going for a moment until I read the disclaimer at the end - I thought you had moved into the accounting field!
Mar 30, 2007 10:46 AM
Maureen Maureen
Orangeburg, NY
Craig - I was aware that staging services could be deducted as advertising expense but I never had the info to back up the claim.  Thank you so much for making tax law so easily understandable!!!
(Bookmarked)
Mar 30, 2007 01:39 PM
Val Allocco
Staged 2 Sell New York & Long Island - Northport, NY
HSE; ASHSR - Home Stager, for Manhattan, Brooklyn & Long Island

Craig,

I am LOVING Sam Sam the IRS Man!

Thanks for reminding us of this fact - I've known about it for a while but never think to mention it to sellers or realtors!  I don't think that I'll forget again thanks to Sam Sam the IRS Man! (it almost rhymes - how cool is that!)

VAL

Mar 30, 2007 01:58 PM
Anonymous
sue
Craigs -  Thanks so much for sharing this bit of info.  This is of great value to pass onto realtors and clients.  Sue
Mar 30, 2007 02:00 PM
#7
Carole Cohen
Howard Hanna Cleveland City Office - Cleveland, OH
Realtor, ePRO
Very detailed and even I could understand it lol.  Me
Mar 30, 2007 02:20 PM
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

Thanks, Craig. I assumed this was the case but thanks for the clarification, etc. I always tell folks to consult a tax advisor, too, on these sorts of issues. Good post.

Jeff

Mar 30, 2007 02:39 PM
Kathleen Lordbock
Keller Williams Realty Professionals - Baxter, MN
Keller Williams Realty Professionals

This is great info to share with clients and they can follow up on it as they choose.  For sure if your doing something radically different like selling your home or starting a new business - you should seek professional help. 

I mean with your taxes, of course.

Mar 30, 2007 05:14 PM
Veronica Harbert
Select Home Staging - Denver, CO
Select Home Staging

Just forwarded your post to a client whose home just sold after I staged it. 

Thanks for sharing the info, Craig...extremely valuable!

Veronica

Select Home Staging

Denver, Colorado

www.selecthomestaging.com 

Mar 30, 2007 07:45 PM
Brad Andersohn
Retired Executive Director of Education at eXp - Boulder Creek, CA
ActiveBrad - 707.646.1876
Craig, as always, great stuff. Taxes are like a banana peel on the ground, we never want to slip on them, because we could get hurt. (Sorry, little late night humor)  Enjoyed your post and some of the comments as well! Good information to pass along to the folks in my area.
Mar 30, 2007 08:08 PM
Fran White
North Kansas City Real Estate, Reece and Nichols Residential - Kansas City North, MO
Kansas City North Real Estate, 816-682-3897

Craig,

That's great information! Great information to share with clients! Thanks

Mar 30, 2007 10:47 PM
Gena Riede
Riede Real Estate, Lic. 01310792 - Sacramento, CA
Real Estate Broker - Sacramento CA Real Estate (916) 417-2699
Craig, good info and especially to consult their tax consultant, as always...it's always great to put the ideas out there for those that may not be aware and give them food for thought.
Mar 31, 2007 02:57 AM
Margaret Ann Innis
Decorate To Sell - Merrimack Valley Real Estate Staging - Andover, MA
Real Estate Staging - MA & NH
Hi Craig -I am always working the right side of my brain - and forget these great and fabulous reasons why people MUST Stage!  Do you sleep?  You are truly FABULOUS!  The mountain man reminds me of that Robert Redford movie....
Mar 31, 2007 06:19 AM
Boomer Jack Boardman & Carl McIntyre, the Codgers
Noted Curmudgeons - Saint Paul, MN

OK Craig: I just filed my taxes—like the self-employed, I pay quarterly, and, it seems never quite enough. I came over here looking for a grin—instead I get version of the TAXMAN COMMETH! ;-)

Jay
Mar 31, 2007 11:53 AM
Phyllis Pafumi
ReStyled to Sell Home Staging New Jersey - Old Bridge, NJ
ReStyled to Sell Staging Homes NJ

Never thought of that and that is an excellent marketing tool for us. Hmm, will have to start telling them this, then again the realtors use our consult fee as a write off so that makes sense.

Phyllis Pafumi

Apr 01, 2007 02:28 PM
Jessica Hughes
Ambiance Staging - Boulder, CO

You explained a complicated topic well, thanks for taking the time!

Also, capitol gains is not charged on the sale of your main home if you have owned it for more than 2 years, correct?  (unless you net more than something like 250,000 individual or 500,000 joint off the top of my head so don't quote me!) 

Do you know if one can deduct the advertising expenses for a second home or investment property from their gain (or loss as it may be?)

Apr 04, 2007 05:03 AM
Paula Springer
Key Elements Inc. Home Staging & Interiors - Portland, OR
A.S.P.

Craig,

Hey thanks for putting this out there, complete with proper citation !! What do you think about the costs of following your stager's advice, i.e. costs of painting, fencing in the yard, flooring, upgrading kitchen appliances, lighitng etc.? Have you got a perspective on whether the IRS can view these are advertising costs ?  If so, then proper documentation would be the key...a staging report that includes those items that is dated concurrent with marketing the home.

 

Apr 24, 2007 07:37 AM
Anonymous
Kay George

Very useful article, I am especially focused on the following statement:  "However, it is important to note that if a property does not sell and is taken off the market, expenses for that transaction are NOT deductible in the future." So if I had 3 months worth of staging costs at the end of last year, my house did not sell so I took it off the market, can I deduct those costs as advertising expenses per ITS Pub 523, for tax year 2008? By the word 'future', I assume you mean that, in this example, I cannot deduct these 2008 expenses for tax year 2009 if I put the house back on the market and it sells in '09. Please clarify! Many thanks.

Mar 26, 2009 03:25 PM
#20
Craig Schiller
Trempealeau, WI

Kay,


First I am not a Tax expert. It is my understanding that the costs can ONLY be deducted IF the home sells.

Otherwise no. BUT this is MY understanding. Please consult a tax professional for your state.

Me

Mar 27, 2009 10:19 AM
Anonymous
Kay George

Thank you, I appreciate the response.

Mar 27, 2009 12:13 PM
#22